Terms of Service

Before you may use the Site, you must read and accept all of the terms and conditions in and linked to, this Terms of Service ("TOS") and the linked Privacy Policy. This TOS is effective upon acceptance and grows the relationship between you and Superhero Brands Pvt. Ltd. (hereinafter “SBPL”) including the sale and supply of any goods on the site. If this TOS conflicts with any other document, the TOS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.

The term 'SBPL' or 'us' or 'we' refers to the owner of the website.The term 'you' refers to the user or viewer of our website.1. The ServiceIn the Site, PlanetSuperheroes.com provides users with access to apparel, accessories and other merchandise online. (the "Service").2. Site UsageSBPL grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in SBPL’s sole discretion) an unreasonable or disproportionately large load on SBPL’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by SBPL to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by SBPL.PlanetSuperheroes.com Service is not available to any users suspended or removed from the system by SBPL for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your PlanetSuperheroes.com account to another party. If you do not qualify, you may not use the PlanetSuperheroes.com Service or the Site.In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SBPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SBPL has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify SBPL immediately of any unauthorized use of your account or any other breach of security. SBPL reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. SBPL is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, SBPL may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of SBPL purporting to speak on behalf of SBPL or containing confidential information or expressing opinions concerning SBPL. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using PlanetSuperheroes.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using PlanetSuperheroes.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.The Site or third parties may provide links to other World Wide Web sites or resources. Because SBPL has no control over such sites and resources, you acknowledge and agree that SBPL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SBPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.The content of the pages of this website is for your general information and use only. It is subject to change without notice.Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).You may not create a link to this website from another website or document without SBPLa's prior written consent.Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.3. Fraudulent /Declined TransactionsSBPL reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. SBPL reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.4. Pricing InformationPrices and availability are subject to change without notice.While SBPL strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SBPL may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. SBPL will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that SBPL accepts your order the same shall be debited to your credit card account. The payment may be processed prior to SBPL dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. SBPL reserves the right to collect taxes for shipping charges wherever applicable.5. Payment detailsYou agree, understand and confirm that the credit card details provided by you for availing of services on SBPL will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to SBPL. Further the said information will not be utilized and shared by SBPL with any of the third parties unless required for fraud verifications or by law, regulation or court order. SBPL will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.6. Content SubmissionSBPL does not claim ownership of any materials you make available through the Site. At SBPL’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant SBPL a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.7. Disclaimer of WarrantyThe information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.Through this website you are able to link to other websites which are not under the control of SBPL. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.Every effort is made to keep the website up and running smoothly. However, SBPL takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.SBPL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN SBPL, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL SBPL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.8. Limitation of LiabilitySBPL will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within stipulated days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. SBPL will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of SBPL, including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.You expressly understand and agree that SBPL and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SBPL has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.9. IndemnityYou agree to indemnify and hold SBPL (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.10. Electronic CommunicationWhen you use the Site or send emails to SBPL, you are communicating with SBPL electronically. You consent to receive communications from SBPL electronically. SBPL will communicate with you by email, SMS, by posting notices on the Site and other forms of electronic media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.11. Modifications and Changes in terms of serviceSBPL reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If SBPL makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account. SBPL is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add PlanetSuperheroes.com to the list of domains approved to send you email (commonly known as your "whitelist"); and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: care@PlanetSuperheroes.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.12. TrademarksThe trademarks, logos and service marks ("Marks") displayed on the Site are the property of SBPL and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of SBPL or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.13. Returns, exchange, refund and cancellationsPlease see the Shipping & Returns Policy section on this website.14. Marketing While ordering the product if you select the option of "Accept Marketing" then you are liable to receive our weekly Emailers and SMS. If you want to opt out of it you can just send us an e-mail at care@planetsuperheroes.com regarding the same.15. GeneralIf any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time SBPL may offer special promotional offers which may or may not apply to your PlanetSuperheroes.com account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by SBPL. This TOS and the relationship between you and SBPL will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Mumbai, India. The failure of SBPL to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. SBPL does not guarantee it will take action against all breaches of this TOS. Except as otherwise, expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and SBPL and governs your use of the Site, superseding any prior agreements between you and SBPL with respect to the Site.Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.Superhero Brands Pvt. Ltd reserves the Right to cancel any Prepaid or Cash on Delivery orders in case there are any technical glitches or errors in the system.In case of Prepaid orders the entire amount will be refunded to the customer.Please note: 1) PSHFREESHIP code is applicable on cart value of Rs 400 and above.2) PSHOP150 code is applicable only on prepaid mode and on a cart value of Rs. 499 and above.